Honan v. Moss

John J. Honan, while looking for a restroom when the car in which he was a passenger was stopped for service at the filling station of H. S. Moss, fell into an open grease pit and was injured. He brought suit for some $54,000, alleging that Moss had negligently left the pit uncovered and unguarded, causing plaintiff to fall into it and severely injure himself. Defendant denied generally, and in additional defenses pleaded substantially that the filling station was lighted; that the properly designated toilet room adjacent thereto was also lighted and had the door ajar; that the portion of the…